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Criminal Miscellaneous No. 64/M in Criminal Appeal No. 51 of 1984, decided on 8th February, 1984.
---S. 410--West Pakistan Arms Ordinance (XX of 1965), S.13--Application for condonation of delay in filing appeal against conviction under Arms Ordinance--Accused under impression that he was only convicted under S. 302/323/34, Penal Code, in which his sentence was suspended--Accused when approaching Jail authorities knowing that he was also convicted under Arms Ordinance--Application for condonation of delay granted in circumstances.
(b) Criminal Procedure Code (V of 1898)-:
---S. 426--West Pakistan Arms Ordinance (XX of 1965), S. 13- Suspension of sentence--Sentence of life imprisonment awarded to accused under S.302/a23/34, Penal Cole suspended and accused ordered to be released on bail in criminal appeal filed by him--Period of imprisonment awarded to him under Arms Ordinance being short, its operation also suspended and accused admitted to bail.
Mian Mushtaq Hussain for Petitioner.
Aziz Qureshi for the State.
Criminal Miscellaneous No. 64-M of 1984
Learned counsel submits that inadvertently the appeal could not be filed as the petitioner was under the impression that he has been convicted under sections 302 and 323/34, P.P.C. only but when his sentence was suspended and he approached the jail authority he learnt that he had also been convicted under the Arms Ordinance. Hence he has submitted an application for condonation, of delay in filing the appeal.
2. The application is granted.
3. As regards the application for suspension of sentence, it is stated that the petitioner's sentence of life imprisonment has since been suspended and he has been ordered to be released on bail in Criminal Appeal No. 122 of 1983.
4. As the period of imprisonment is short, I suspend its operation and admit the petitioner/appellant to bail in the sum of Rs.7,000 (Seven thousand) with two sureties in the like amount to the satisfaction of A.C. Sahiwal in the case under Arms Ordinance.
5. Appeal shall come up alongwith Criminal Appeal No. 122 of 1983.
M.Y.H.
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